WARREN, Mich. (WWJ) -- Three students who were suspended from Warren De La Salle in the wake of hazing allegations involving the football team have filed a lawsuit against the school, claiming they were discriminated against.
The lawsuit claims the students, who are all minorities, were suspended in early November, while 10 other white students that were allegedly implicated in the investigation have continued to attend the all-boys Catholic school.
Paul Addis, attorney for the students suing the school, says the parents of the three students have never been given any reason for the suspensions, other than their names were brought up in the investigation.
"Why were they picked? Why those three? Why not all 13?" Addis told WWJ.
The hazing incident first came to light in late October, when the school abruptly decided to end it's football season the day before the Pilots, winners of two straight MHSAA state championships, were set to begin the state playoffs. An investigation by the Warren Police Department alleges that football players held a younger teammate face down in the locker room, while one player sexually taunted and prodded him with a broomstick. Investigators say there was no penetration.
The lawsuit alleges that De La Salle president John Knight directed other school officials to get the three suspended students to implicate other students in the investigation in order to return to school. The parents of the students did not agree to those demands, according to the lawsuit.
According to the lawsuit, two of the students say they may not be able to graduate from the school on time as a result of the suspensions.
The victim in the hazing investigation has not been cooperating with authorities.
"We still don't know a name, we don't know who allegedly is the one this is claiming this happened," Addis said. "And that these three were somehow involved, and the fact that we're going to suspend the minorities, and we're going to leave the white kids in school, that's appalling to me. I'm a graduate of De La Salle. I went there, I played football. That's not how we do things."
Warren police turned the case over to the Macomb County Prosecutor's Office, suggesting assault and battery charges be filed against the three accused students. The case has since been turned over to the St. Clair County Prosecutor's Office, as Macomb County Prosecutor Eric Smith said one of his office's senior prosecutors could be a witness in the case.
St. Clair County Prosecutor Mike Wendling says the victim's decision not to cooperate in the case has made things a little tougher.
"Obviously, that complicates the case, where a victim is not interested in moving forward or necessarily ready to make a full statement about what had occurred," Wendling said. "We often go forward on cases involving assaults or situations of this type without a victim. If we're able to do that, based upon other eyewitnesses or statements taken by officials or law enforcement, we'll do that."
Wendling says Warren Police are seeking charges against only three individuals, but he says the investigation remains "wide open."
De La Salle officials say they cannot comment on legal matters, but released a statement Monday afternoon regarding the allegations.
"Since we were first made aware of the hazing activities, we have been steadfast in maintaining the safety, health and education of all De La Salle students as our top priority while we navigate this troubling issue. We have been working in full collaboration with our Board of Trustees and the Christian Brothers on all actions in response to the hazing allegations and will continue to do so as we address this lawsuit. Our hearts and prayers are with those impacted by the hazing, particularly the students who were victimized and their families."
Mike Giannone, head coach of the Pilots, has declined to comment on the investigation, but he is reportedly no longer the coach.
